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568 So. 2d 365

Johnson v. State

Court of Criminal Appeals of Alabama

Decided March 30, 1990

Court of Criminal Appeals of Alabama · decided 1990-03-30

Cited by 5 later decisions — most recently May 1993

5 state decisions

Key passage — most relied on by later courts

““ORDER “This matter having come on for hearing on the Petitioner’s Petition for Habeas Corpus; said Petition originally was filed in the Circuit Court of Escambia County, Alabama, on 28 July 1989 and was transferred to the Circuit Court of Clarke County, Alabama, on 31 October 1990 at the direction of the Alabama Court of Criminal Appeals. “The Court having reviewed the files in this matter finds as follows: “1. That it appears the same issues raised in the present Petition were raised in the Petition for Error Coram Nobis filed in January 1988. “2. That on 1 June 1988 the Court denied Petitioner’s Petition for Writ of Error Coram Nobis. “3. That on 10 June 1988, Petitioner filed a Motion for Reconsideration of said Petition for Writ of Error Coram Nobis and set out in said Motion for Reconsideration the same issues that are raised in his present Petition for Writ of Habeas Corpus. “4. That this Court denied said Motion for Reconsideration and Petitioner appealed said ruling. On 27 January 1989 the Court of Criminal Appeals affirmed the trial court’s ruling. “5. That on 17 March the Petitioner’s Application for Rehearing was overruled. “Based on the foregoing, the Court is of the opinion that said Petition for habeas Corpus is without merit and should be denied. “It is therefore ORDERED, ADJUDGED and DECREED that the Petition for Ha-beas Corpus be and the same is hereby denied. “DONE this the 29th day of January, 1991. “/s/ J. Richmond Pearson “Circuit Judge””

quoted by 1 later decision, including Johnson v. State

Relies on Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-30

View the full empirical analysis of this case →

¶1

¶2Ranny L. Johnson appeals from the denial of a habeas corpus petition by the Circuit Court of Escambia County, Alabama. This petition was denied based upon a motion filed by the district attorney's office, pointing out that the appellant's proper relief was by a motion that should have been termed as a petition for error coram nobis or relief under Rule 20, A.R.Crim.P.Temp.

¶3In the case at bar, the appellant had initially been convicted in the Circuit Court of Clarke County, Alabama, on October 11, 1972, under charges of burglary in the first degree, grand larceny in the first degree, and escape. The appellant pleaded guilty to these charges and he now wants to contest that he was denied the right to counsel.

¶4In the motion filed in the Circuit Court of Escambia County, the district attorney pointed out that the relief was now barred by the statute of limitations, in addition to the appellant's having filed the wrong type petition in the wrong circuit court.

¶5This court has previously addressed the issue raised here under an opinion authored by Judge Taylor, now the Presiding Judge, in Robinson v. State, 536 So.2d 136 (Ala.Crim.App. 1988). In Robinson, this court pointed out that the circuit court in which the original conviction took place should be the court to determine the merits of the issues raised. This opinion cites Rule 20.5, A.R.Crim.P.Temp. Therefore, in accordance with Robinson v. State, this case is remanded to the Circuit Court of Escambia *366 County, Alabama, with instructions to transfer said cause to the Circuit Court of Clarke County, Alabama, for final disposition. We agree with the attorney general's position.

¶6REMANDED WITH DIRECTIONS FOR TRANSFER.

¶7All the Judges concur.

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